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PLEA AGREEMENT
The United States of America, by and through the undersigned attorneys for the Public
Integrity Section, Criminal Division, United States Department of Justice, and Ronald E. Gilley
The defendant agrees to plead guilty to Counts One, Two, Four, Five, Eight, Ten,
and Thirteen, and Counts Thirty Four through Thirty Seven of the filed Indictment in this case,
which charge Conspiracy, Federal Programs Bribeiy and Aiding and Abetting, in violation of
Title 18, United States Code, Sections 371, 666, and 2, as well as Money Laundering and Aiding
and Abetting, in violation of Title 18, United States Code, Sections 1 955(a)(l )(B)(i) and 2. The
United States agrees to the dismissal of Counts Twenty Three through Thirty Three of the
2. The defendant understands that Count One, Conspiracy, has the following
essential elements, each of which the United States would be required to prove beyond a
Third, one of the persons involved in the conspiracy committed an overt act in
3. The defendant understands that Counts One, Two, Four, Five, Eight, Ten, and
Thirteen, Federal Program Bribery, have the following essential elements, each of which the
a. First, the defendant corruptly gave, offered or agreed to give something of value to
an agent of the state to influence or reward the state agent in connection with a
b. Second, that during a one-year period, the state government received benefits
greater than $10,000 under a federal program involving some form of federal
assistance.
4. The defendant understands that Counts Thirty Four through Thirty Seven, Money
Laundering, have the following essential elements, each of which the United States would be
b. Second, that the transactions were designed in whole and in part to conceal and
disguise the nature, location, source, ownership, and control of the proceeds of
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The defendant understands that pursuant to Title 18 U.S.C. § 371, 3583, and
357 l(b)(3), count One carries a maximum sentence of five (5) years of imprisonment, a fine of
$250,000, and a term of supervised release not more than three (3) years.
and 357 1(b)(3), Counts Two, Four, Five, Eight, Ten, and Thirteen carry a maximum sentence of
ten (10) years of imprisonment, a fine of $250,000, and a term of supervised release not more
2, Counts Thirty Four through Thirty Seven carry a maximum sentence of 10 years of
imprisonment, a fine of $250,000, and a term of supervised release not more than three (3) years.
order of restitution, and an obligation to pay any applicable interest or penalties on fines or
9. If the Court accepts the defendant's plea of guilty and the defendant fulfills each of
the terms and conditions of this agreement, the United States agrees that it will not further
prosecute the defendant for any crimes described in the attached factual basis or for any conduct
of the defendant now known to the Public Integrity Section and to the law enforcement agents
working with the Public Integrity Section on the present investigation. Nothing in this agreement
is intended to provide any limitation of liability arising out of any acts of violence.
Factual Stipulations
10. The defendant agrees and stipulates to the attached Factual Statement.
Sentencing
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11. The defendant is aware that the sentence will be imposed by the Court after
considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing
Guidelines"). The defendant acknowledges and understands that the Court will compute an
advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be
determined by the Court relying in part on the results of a Pre-Sentence Investigation by the
Court's probation office, which investigation will commence after the guilty plea has been
entered. The defendant is also aware that, under certain circumstances, the Court may depart
from the advisory sentencing guideline range that it has computed, and may raise that advisory
sentence up to and including the statutory maximum sentence or lower that advisory sentence.
The defendant is further aware and understands that the Court is required to consider the advisory
guideline range determined under the Sentencing Guidelines, but is not bound to impose that
sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory
concerns, and such sentence may be either more severe or less severe than the Sentencing
Guidelines' advisory sentence. Knowing these facts, the defendant understands and
acknowledges that the court has the authority to impose any sentence within and up to the
statutory maximum authorized by law for the offenses identified in paragraph 1 and that the
defendant may not withdraw the plea solely as a result of the sentence imposed.
12. The United States reserves the right to inform the Court and the Probation Office
of all facts pertinent to the sentencing process, including all relevant information concerning the
offenses committed, whether charged or not, as well as concerning the defendant and the
defendant's background. Subject only to the express terms of any agreed-upon sentencing
recommendations contained in this agreement, the United States further reserves the right to
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13. The defendant is aware that any estimate of the probable sentence or the
probable sentencing range relating to the defendant pursuant to the advisory Sentencing
Guidelines that the defendant may have received from any source is only a prediction and not a
promise, and is not binding on the United States, the Probation Office, or the Court, except as
14. The defendant understands that the sentence in this case will be determined by the
Court, pursuant to the factors set forth in 18 U.S.C. § 3553(a), including a consideration of the
guidelines and policies promulgated by the United States Sentencing Commission, Guidelines
Criminal Procedure 1 1(c)(1)(B), and to assist the Court in determining the appropriate sentence,
The parties agree that the Sentencing Guidelines applicable to every one of the Counts to
which the defendant is pleading guilty, is U.S.S.G. § 2C1.1, which applies to, among other
things, "Offering, Giving, Soliciting, or Receiving a Bribe." The parties further stipulate and
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An Elected Official
b. Acceptance of Responsibility
satisfaction of the United States, through the defendant's allocution and subsequent conduct prior
to the imposition of sentence, the United States agrees that a 2-level reduction would be
The United States, however, may oppose any adjustment for acceptance of responsibility
if the defendant:
fails to admit a complete factual basis for the plea at the time the
vii. has engaged in conduct prior to signing this Plea Agreement which
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justice, and has failed to fully disclose such conduct to the United
conduct; or
If the defendant has accepted responsibility as described above, and the defendant's
offense level is sixteen or greater, the United States agrees that an additional 1-level reduction
would be appropriate, pursuant to U.S.S.G. § 3E1.1(b), because the defendant has assisted
authorities by providing timely notice of the defendant's intention to enter a plea of guilty,
thereby permitting the United States to avoid preparing for trial and permitting the Court to
In accordance with the above, the applicable Guidelines Offense Level is 39.
Based upon the information now available to the United States (including representations
In accordance with the above, the defendant's Criminal History Category is one (I).
Based on the calculations set forth above, the defendant's stipulated Sentencing
Guidelines range is 262 to 327 months (the "Stipulated Guidelines Range"). In addition, the
parties agree that should the Court impose a fine, at Guidelines level thirty-nine (39), the
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The parties agree that under the Sentencing Guidelines neither a downward nor an
upward departure from the Stipulated Guidelines Range set forth above is warranted, with the
possible exception of a downward departure for substantial assistance as set forth in the
paragraphs below. Accordingly, neither party will seek such a departure or seek any adjustment
not set forth herein. Nor will either party suggest that the Court consider such a departure or
adjustment.
Substantial Assistance
15. The defendant agrees to cooperate fully with the United States by:
documents, records and other evidence, when called upon by the United
court proceeding;
release;
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criminal misconduct under the supervision of, and in compliance with, law
date of sentencing is within the sole discretion of the court, and that this
agreement may require the defendant to cooperate even after the defendant
terms of this Agreement after sentence has been imposed shall constitute a
16. The United States reserves the right to evaluate the nature and extent of the
defendant's cooperation and to make the defendant's cooperation, or lack thereof, known to the
Court at the time of sentencing. If in the sole and unreviewable judgment of the United States
the defendant's cooperation is of such quality and significance to the investigation or prosecution
of other criminal matters as to warrant the Court's downward departure from the advisory
sentence calculated under the Sentencing Guidelines, the United States may at or before
sentencing make a motion consistent with the intent of Section 5K 1.1 of the Sentencing
Guidelines prior to sentencing, or Rule 35 of the Federal Rules of Criminal Procedure subsequent
to sentencing, reflecting that the defendant has provided substantial assistance and
recommending that the defendant's sentence be reduced from the advisory sentence suggested by
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the Sentencing Guidelines. The defendant acknowledges and agrees, however, that nothing in
this Agreement may be construed to require the United States to file any such motion(s) and that
the United States' assessment of the nature, value, truthfulness, completeness, and accuracy of
the defendant's cooperation shall be binding insofar as the appropriateness of the United States'
17. The defendant understands and acknowledges that the Court is under no
obligation to grant the Section 5K1 .1 or Rule 35 motions referenced above should the
government exercise its discretion to file any such motion. The defendant also understands and
acknowledges that the Court is under no obligation to reduce the defendant's sentence because of
18. Pursuant to § IBI.8(a) of the Sentencing Guidelines, the United States agrees
cooperate will not be used in determining the applicable guideline range, except as may be
19. The parties further agree that a sentence within the Stipulated Guidelines Range
would constitute a reasonable sentence in light of all of the factors set forth in Title 18, United
States Code, Section 3553(a). However, the parties agree that either party may seek a sentence
outside of the Stipulated Guidelines Range and suggest that the Court consider a sentence outside
of the Stipulated Guidelines Range, based upon the factors to be considered in imposing a
20. In support of any variance argument, the defendant agrees to provide to the
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United States reports, motions, memoranda of law and documentation of any kind on which the
defendant intends to rely at sentencing not later than twenty-one days before sentencing. Any
basis for sentencing with respect to which all expert reports, motions, memoranda of law and
documentation have not been provided to the United States at least twenty-one days before
21. It is understood that pursuant to Federal Rules of Criminal Procedure 11 (c)( 1 )(B)
and 1 l(c)(3)(B), the Court is not bound by the above stipulations, either as to questions of fact or
as to the parties' determination of the applicable Guidelines range, or other sentencing issues. In
the event that the Court considers any Guidelines adjustments, departures, or calculations
different from any stipulations contained in this Agreement, or contemplates a sentence outside
the Guidelines range based upon the general sentencing factors listed in Title 18, United States
Code, § 3553(a), the parties reserve the right to answer any related inquiries from the Court.
Appeal Waiver
22. The defendant is aware that the defendant has the right to challenge the
defendant's sentence and guilty plea on direct appeal. The defendant is also aware that the
defendant may, in some circumstances, be able to argue that the defendant's guilty plea should be
set aside, or sentence set aside or reduced, in a collateral challenge (such as pursuant to a motion
under 28 U.S.C. § 2255). Knowing that, and in consideration of the concessions made by the
United States in this Agreement, the defendant knowingly and voluntarily waives his right to
appeal or collaterally challenge: (a) the defendant's guilty plea and any other aspect of the
defendant's conviction, including, but not limited to, any rulings on pretrial suppression motions
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or any other pretrial dispositions of motions and issues; and (b) the defendant's sentence or the
manner in which his sentence was determined pursuant to 18 U.S.C. § 3742, except to the extent
that the Court sentences the defendant to a period of imprisonment longer than the statutory
maximum, or the Court departs upward from the applicable sentencing Guideline range pursuant
to the provisions of U.S.S.G. § 5K.2 or based on a consideration of the sentencing factors set
23. The defendant further understands that nothing in this Agreement shall affect the
government's right andlor duty to appeal as set forth in Title 18, united States Code, Section
3742(b). However, if the United States appeals the defendant's sentence pursuant to Section
3 742(b), the defendant shall be released from the above waiver of appellate rights. By signing
this Agreement, the defendant acknowledges that the defendant has discussed the appeal waiver
set forth in this Agreement with the defendant's attorney. The defendant further agrees, together
with the United States, to request that the district court enter a specific finding that the waiver of
the defendant's right to appeal the sentence to be imposed in this case was knowing and
voluntary.
24. The defendant's waiver of rights to appeal and to bring collateral challenges
shall not apply to appeals or challenges based on new legal principles in the Eleventh Circuit or
Supreme Court cases decided after the date of this Agreement that are held by the Eleventh
Restitution
25. In addition to the other penalties provided by law, the Court may also order the
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Release/Detention
26. The defendant acknowledges that while the United States will not seek a change
in the defendant's release conditions pending sentencing, the final decision regarding the
defendant's bond status or detention will be made by the Court at the time of the defendant's plea
of guilty. Should the defendant engage in further criminal conduct or violate any conditions of
release prior to sentencing, however, the United States may move to change the defendant's
Breach of Agreement
27. The defendant understands and agrees that if, after entering this Plea Agreement,
the defendant fails specifically to perform or to fulfill completely each and every one of the
defendant's obligations under this Plea Agreement, or engages in any criminal activity prior to
sentencing, the defendant will have breached this Plea Agreement. In the event of such a breach:
(a) the United States will be free from its obligations under the Agreement; (b) the defendant will
not have the right to withdraw the guilty plea; (c) the defendant shall be fully subject to criminal
prosecution for any other crimes, including perjuiy and obstruction ofjustice; and (d) the United
States will be free to use against the defendant, directly and indirectly, in any criminal or civil
proceeding, all statements made by the defendant and any of the information or materials
provided by the defendant, including such statements, information and materials provided
pursuant to this Agreement or during the course of any debriefings conducted in anticipation of,
or after entry of this Agreement, including the defendant's statements made during proceedings
28. The defendant understands that Federal Rule of Criminal Procedure 11(1) and
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Federal Rule of Evidence 410 ordinarily limit the admissibility of statements made by a
defendant in the course of plea discussions or plea proceedings if a guilty plea is later withdrawn.
The defendant knowingly and voluntarily waives the rights which arise under these rules.
29. The defendant understands and agrees that the United States shall only be
required to prove a breach of this Plea Agreement by a preponderance of the evidence. The
defendant further understands and agrees that the United States need only prove a violation of
federal, state, or local criminal law by probable cause in order to establish a breach of this Plea
Agreement.
30. Nothing in this Agreement shall be construed to permit the defendant to commit
perjury, to make false statements or declarations, to obstruct justice, or to protect the defendant
from prosecution for any crimes not included within this Agreement or committed by the
defendant after the execution of this Agreement. The defendant understands and agrees that the
United States reserves the right to prosecute the defendant for any such offenses. The defendant
further understands that any perjury, false statements or declarations, or obstruction ofjustice
relating to the defendant's obligations under this Agreement shall constitute a breach of this
Agreement. However, in the event of such a breach, the defendant will not be allowed to
31. It is further agreed that should any conviction following the defendant's plea of
guilty pursuant to this Agreement be vacated for any reason, then any prosecution that is not
time-barred by the applicable statute of limitations on the date of the signing of this Agreement
(including any Counts that the United States has agreed not to prosecute or to dismiss at
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sentencing pursuant to this Agreement) may be commenced or reinstated against the defendant,
notwithstanding the expiration of the statute of limitations between the signing of this Agreement
and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to
waive all defenses based on the statute of limitations with respect to any prosecution that is not
Forfeiture
32. The defendant agrees to forfeit to the United States any property, real or personal,
that constitutes or is derived from proceeds traceable to the commission of the convicted
offenses, including, but not limited to, the sum of $200,000. If any of the property subject to
forfeiture, as a result of any act or omission of the defendant (a) cannot be located upon the
exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c)
has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in
value; or (e) has been commingled with other property which cannot be divided without
difficulty, the defendant agrees to forfeit any other property of the defendant up to the value of
Complete Agreement
made by the parties or their counsel than those contained in writing herein, nor will any such
and signed by the defendant, defense counsel, and a prosecutor for the Public Integrity Section.
34. The defendant further understands that this Agreement is binding only upon the
Public Integrity Section, Criminal Division, United States Department of Justice. This
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Agreement does not bind the Civil Division or any other United States Attorney's Office, nor
does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any
civil, tax, or administrative claim pending or that may be made against the defendant.
35. If the foregoing terms and conditions are satisfactory, the defendant may so
indicate by signing the Agreement in the space indicated below and returning the original to me
once it has been signed by the defendant and by you or other defense counsel.
Jack Smith
Chief
Public Integrity Section
Criminal Division
U.S. Department of Justice
By:
Justin V. Shur
Deputy Chief
Public Integrity Section
U.S. Department of Justice
1400 New York Avenue, NW
Washington, DC 20005
(202) 514-1412
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DEFENDANT'S ACCEPTANCE
I have read the Plea Agreement in its entirety and discussed it with my attorney. I hereby
acknowledge that it fully sets forth my agreement with the United States. I further state that no
additional promises or representations have been made to me by any official of the United States
in connection with this matter. I understand the crimes to which I have agreed to plead guilty,
the maximum penalties for those offenses and Sentencing Guideline penalties potentially
We have had sufficient time to meet and discuss my case. We have discussed the charges
against me, possible defenses I might have, the terms of this Plea Agreement and whether I
should go to trial. I am entering into this Agreement freely, voluntarily, and knowingly because
I am guilty of the offenses to which I am pleading guilty, and I believe this Agreement is in my
best interest.
Date:
L27
RONALD E. GILLEY
Defendant
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ATTORNEY'S ACKNOWLEDGMENT
I have read each of the pages constituting this Plea Agreement, reviewed them with my
client, and discussed the provisions of the Plea Agreement with my client, fully. These pages
accurately and completely sets forth the entire Plea Agreement. I concur in my client's desire to
Ii Li7/
Date:
1ARR1SON
for the Defendant
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